How do you know if a minor is emancipated in New York?
In New York, the law recognizes a minor's emancipated status when the child's parents have renounced their legal obligations towards the child or where the child has assumed a status inconsistent with parental control. New York courts don't issue formal declarations of emancipation, and an emancipated minor doesn't get an official document or card stating that he or she is emancipated. Consequently, many government agencies, schools, hospitals, and other institutions are unfamiliar with the emancipated minor status.
What criteria must be met before a minor may be considered emancipated in New York?
If a minor meets certain criteria he or she can be considered to be an emancipated according to New York law.
The three main criteria to be considered are:
(1) the minor is living separate and apart from his or her parents or guardians without intent of going home (although the minor may be considered emancipated if they are living at home and paying rent);
(2) the minor is not dependent on a parent or guardian for money, food, shelter, clothing, etc. (the minor may still be emancipated if these things are provided by friends, relatives or public assistance), and;
(3) the minor knows how to manage his or her own financial affairs, i.e. paying rent, having enough food, buying clothes...etc.
In addition, a minor that is married or in the armed services, may be considered emancipated regardless of whether they meet the other criteria listed above.